Ossining, N.Y., Code of Ordinances ch. 62 (eCode360 ed. 2026) § 62-4

A. Each residential development application which proposes the construction or substantial rehabilitation of six or more market rate dwelling units of for-purchase housing shall provide a set aside of 10% affordable housing units within the residential development for purchase rounded up to the nearest whole number. B. Affordable housing units proposed as for-purchase housing shall: (1) Be generally distributed throughout the market rate for-purchase housing; (2) Not be distinguished as a class from the market-rate purchase housing; (3) Be distributed among studio, one-, two- and three-bedroom units, etc., in the same proportion as the dwelling units in the market-rate purchase housing; and (4) Each have a floor area of not less than 80% of the average floor area of the dwelling units in the market-rate purchase housing of the same unit type. C. Affordable housing units shall only be resold to individuals or families who qualify for such affordable housing at the time of such resale. The resale purchase price shall not exceed the purchase price described in the restrictive covenant adjusted at the time of resale. D. If a multi-family building, in lieu of providing all of part of on-site affordable housing units in the market rate for-purchase housing building as provided in § 62-4B , the residential development application may include a request permitting placement of affordable for-purchase housing units in another residential building and/or as rental affordable housing within the same residential development. A request made pursuant to § 62-4D is subject to Board of Trustees approval. E. In lieu of providing all or a part of on-site affordable housing units in the purchase housing as provided herein, the residential development application may request and, upon a showing of an undue burden of financial hardship to the project satisfactory to the Village, the Village Board may permit a developer to create affordable housing units at another location in the Village or contribute to the affordable housing fund buyout fee. Amounts of such buyout fee, and uses for same, will be as determined by the Village and shall be set forth in the Village Fee Schedule. F. Density bonus and additional density bonus. (1) Those residential developments that will contain affordable housing units in the purchase housing pursuant to this section shall qualify for increased density, permitting the maximum unit count of the purchase housing in the residential development, as permitted under its zoning district, to be adjusted as follows: (a) For purchase housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to affordable housing units, applicants may have a density bonus of 10% of the market rate units. (b) For purchase housing in which at least 10% of the unit count, rounded up to the nearest whole number, is devoted to low-income housing units, applicants may have a density bonus of a unit count which equals 15% of the market-rate residential units being proposed, rounded up to the nearest whole number. If the applicant is proposing the inclusion of low-income units, those units must follow the general requirements as set forth in this section for affordable housing units. (2) The addition of density bonus or additional density bonus unit count to a residential development involved in a subdivision of single- or two-family dwellings shall not be permitted to increase the height or lot coverage as defined in Appendix B of Chapter 270 , Zoning, beyond that permitted in such district. However, in the case of a subdivision which as a result of the applied density bonus or additional density bonus which results in lot configurations less than the minimum square footage or required setbacks, variances for some shall not be required, provided that the Planning Board deems the proposed subdivision not to adversely affect the character of the surrounding neighborhood. G. Each residential development application for purchase housing containing affordable housing units and low-income housing units shall include a draft declaration of restrictive covenants in recordable form, acceptable to the Corporation Counsel of the Village of Ossining which shall set forth and particularize the requirements set forth in this section and, upon approval, shall be recorded against the property with the Westchester County Clerk prior to the issuance of a Temporary Certificate of Occupancy or where a Temporary Certificate of Occupancy is not issued prior to the issuance of a Certificate of Occupancy for the residential development. The declaration of restrictive covenants shall run with the land. Such restrictive covenants shall run in perpetuity against the property in which such units are located. However, the Board of Trustees may authorize a declaration of restrictive covenants for a shorter duration to be consistent with particular governmental funding programs utilized by the applicant such as (and by example only), the Affordable Homeownership Opportunity Program (AHOP) of the New York State Division of Homes and Community Renewal. The declaration shall include rules and regulations for insuring compliance with the restrictive covenants, and all rules and regulations in the Declaration must follow the Village's Affordable Housing Rules and Regulations.